Terms & Conditions

Last updated: March 01, 2023

Introduction

Welcome to Herocut® Plasma Cutter!

These Terms and Conditions (“Terms”) form a legally binding agreement between you and Herocut® Plasma Cutter regarding your use of this website (the “Site”) and any related products or services (collectively as the “Services”).

Please read these Terms carefully before accessing or using our Site or Services. By using any part of our Site or Services, you explicitly agree to abide by these Terms. If you do not agree with any part of these Terms, you may not use our Site or Services.

Key Terms

“Herocut® Plasma Cutter”, “We”, “Our”, or “Us” refers to the owner, operators, and providers of this Site and Services.

“You” or “Your” refers to the individual accessing this Site or using our Services. If you access or use this Site on behalf of another person or entity, You represent that you have full authority to bind such person or entity to these Terms.

“Content” refers to any and all text, images, audio, video, or other data or material submitted, uploaded, published, displayed, or transmitted through this Site or our Services.

“Personal Information” refers to information that can be used to identify You as an individual, either alone or in combination with other information.

Changes to These Terms

We reserve the right to modify these Terms at any time in Our sole discretion. If we make changes, we will update the “Last Updated” date above. Your continued use of our Site or Services after any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using our Site and Services immediately.

It is your responsibility to regularly check these Terms for any changes. If you have any question about the Terms currently in effect, please contact us at [email protected].

Access and Use of Our Site and Services

Age Restrictions. You must be at least 18 years old to access or use our Site or Services. If you are under 18 years old, you may not use our Site or Services.

Regional Restrictions. We make no representations that our Site or Services are appropriate or available for use in all countries or geographic locations. Accessing our Site or Services from territories where their contents are illegal is prohibited.

Registration. Certain features or services offered on or through our Site may require registration or opening an account. When you register for an account, you agree to provide accurate and complete information and to promptly update that information if it changes.

Passwords. You are responsible for maintaining the confidentiality of any passwords or other credentials used to access your account or our Services, and for any activities that occur under your account. You agree to promptly notify us of any unauthorized use of your account, credentials, or any other breach of security.

Use Restrictions. You agree not to use our Site or Services to:

Violate any laws, regulations, or third-party rights;
Introduce any malware, viruses, or other harmful code into our Site or Services;
Engage in harassing, abusive, defamatory, fraudulent, deceptive, or unlawful behavior;
Harvest or collect personal data of other users;
Attempt to gain unauthorized access to our Site, Services, accounts, systems, or networks;
Use any data mining, robots, web crawlers, or similar data gathering and extraction methods on our Site or Services;
Sell, distribute, resell, or exploit our Site, Services, or any data or information from our Site or Services for any commercial purpose;
Frame, mirror or otherwise incorporate any part of our Site into any other website;
Engage in any activities that may undermine the integrity of our Site or Services;
Attempt to circumvent any access restrictions or security measures of our Site or Services;
Use our Site or Services in any manner that could impair, disable, overburden, damage, or disable our Site or Services;
Provide false or misleading information to Us;
Refuse to cooperate in any investigation conducted by Us regarding potential violations of these Terms;
Obtain or attempt to access data that You do not have permission to access; or
Encourage or induce any third party to engage in any of the activities prohibited under this Section.

No Endorsements. Our Site and Services may link to third-party websites, services, or resources. We do not endorse and make no warranties about any third-party websites, services, or resources, and your use of them is at your own risk.

Intellectual Property Rights

Our Rights. Our Site, Services, and all of the related trademarks, logos, designs, videos, audios, and other intellectual property are owned by Us and our licensors. You agree not to copy, distribute, modify, or make derivative works of any of our intellectual property.

Your Rights. You retain any ownership rights you have in intellectual property that you submit, post, or display on our Site or through our Services. However, by submitting, posting or displaying Content, You grant Us a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to use, copy, distribute, publicly display, reformat, translate, excerpt, and archive such Content.

User Content. You are responsible for any Content you submit, post, or display on our Site or through our Services. You represent and warrant that you have all necessary rights to submit any Content. You are solely responsible for ensuring your Content complies with our Content Guidelines.

Feedback. Any feedback, suggestions, ideas, improvements, or other comments You submit about our Site or Services is entirely voluntary, and We may use such feedback without restriction or obligation to you.

User Conduct

You agree not to engage in any prohibited activities under these Terms, including:

No Illegal, Harmful, or Offensive Use or Content: You may not use our Site or Services for any illegal, harmful, fraudulent, infringing or offensive purpose, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
- Illegal Activities: Any illegal or fraudulent activities, including selling, using, or distributing illegal drugs, violating export control laws, human trafficking, or organizing illegal gambling.
- Harmful or Fraudulent Activities: Any activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g. make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
- Infringing Content: Content that infringes or misappropriates the intellectual property or proprietary rights of others.
- Offensive Content: Content that promotes racism, bigotry, hatred, physical harm, or illegal acts against any group or individual.
- Harmful Content: Content or activities that may be harmful to minors in any manner.
- Excessive Profanity: Excessive use of expletives or profanities.
No Security Violations: You may not attempt to circumvent or compromise any of our security measures, or harvest, collect, gather or assemble information about others without their consent. Prohibited activities include:
- Circumventing Systems and Access Controls: Attempting to circumvent password or access protection on systems or networks.
- Security Scans and Network Manipulation: Performing any unauthorized vulnerability or security scans or tests on our Site. Manipulating or interfering with our network in any manner.
- Automated Means and Traffic: Using any bots, scrapers, crawlers, or other automated means to gather information from our Site or Services, add or generate fake or illegitimate traffic, or manipulate our systems.
- Collecting Personal Data: Collecting personally identifiable information about others without their express consent.
No Spam: You may not post or transmit any illegal or unauthorized advertising, promotional materials, or any other forms of solicitation. Prohibited activities include:
- Spam: Posting or transmitting any unsolicited commercial messages or unauthorized promotional materials, including junk mail, bulk mail, chain letters, and pyramid schemes.
- Email or Text Advertising: Collecting email addresses, phone numbers, or other contact information for the purpose of sending unsolicited promotional messages.
- Affiliate and Referral Programs: Participating in any affiliate or referral programs without our express permission.
No Impersonation: You may not impersonate any person or entity, falsely claim an affiliation with any person or entity, or access accounts of others without permission. Prohibited activities include:
- Fake Accounts and Identity Theft: Creating or assuming any fake or false identities or accounts, or stealing or using the identities of others without permission.
- Deceitful Activities: Falsely representing yourself or fabricating information with intent to mislead others.
- User Privacy: Accessing the accounts or any private data of other users without their consent.
No Hacking and Fraud: You may not access or attempt to access any unauthorized systems, programs, data, accounts or networks. Prohibited activities include:
- Unauthorized System Access: Logging into or attempting to access any account or system that you do not have authorization to access.
- Network Attacks and Disruption: Engaging in or attempting any denial of service attacks or other activities intended to damage, interfere with or unlawfully access networks, systems, accounts or infrastructure.
- Fraud and Impersonation: Attempting to impersonate any person, or engaging in fraudulent activities such as phishing attacks, login credential theft, credit card fraud, wire fraud and other fraudulent activities.
No Inappropriate Communications: You may not harass or stalk others, or engage in threatening, abusive, defamatory or vulgar communications. Prohibited activities include:
- Threats and Harassment: Making any direct or indirect threats of harm, harassment, bullying, exploitation or violence towards any individual or group.
- Defamatory Language: Posting, transmitting or communicating false statements about others that defame, disparage, or humiliate them.
- Abusive Behavior: Acting in an abusive, cruel, menacing, offensive, or hateful manner.
- Indecent Communications: Posting, transmitting, or communicating any vulgar, indecent, obscene or pornographic communications, images or content.
- Disruptive Behavior: Any other inappropriate conduct disruptive to communities, networks, systems, or infrastructure.
No Illegal Content: You may not submit, post, transmit, promote or distribute any illegal or prohibited content through our Site or Services, including:
- Child Pornography: Any content or activities related to child pornography or the exploitation of children.
- Terrorism: Promoting or facilitating terrorism, terrorist ideologies, violence or acts of mass harm.
- Human Trafficking: Participating in human trafficking or exploitation.
- Other Criminal Activities: Facilitating or promoting other illegal activities.
No Copyright Infringement: You may not use our Site or Services to disseminate any content that infringes copyrights, trademarks, patent, trade secrets or other proprietary rights of others.
No System Misuse: You may not distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes or any other items that may introduce contaminants, damage or disruptive features to our Site or Services, or any third-party websites or systems.
No Abuse of Legal Process: You may not submit, post or transmit any content or initiate communications intended to harass, intimidate or initiate any legal proceedings, civil or criminal complaints against Us, Our employees, officers or agents without substantial justification or good faith basis for such legal action.
No Impersonation of Staff: You may not attempt to impersonate any of Our staff, defraud Our customers or clients, or engage in any unlawful activities through false representation as one of Our staff members.

We reserve the right to terminate your use of our Site or Services at any time if you violate these Terms, with or without notice to you.

User Content Guidelines

If you submit, post, transmit, distribute or display any information or other Content as part of our Services, you agree to abide by the following Content Guidelines.

Relevance: Content must be relevant and appropriate to the applicable forum, group or topic of discussion.
Accuracy: Information must be accurate, truthful and not misleading. Cite sources where applicable.
Clarity: Content must be clear, coherent and comprehensible.
Originality: Content must be original work created by you, and not copied from other sources.
Attribution: Give credit to sources by linking back to quoted text, images, videos or other media. Cite sources appropriately.
Value: Content should provide unique, meaningful and thought-provoking contributions to the community.
Lawful Content: Content must align with all applicable laws and regulations. See the Prohibited Content section above.

We reserve the right to remove any Content that violates these Guidelines or is otherwise objectionable. You are solely responsible for the information and other Content you submit or post on our Site or Services.

Privacy Policy

Please refer to our Privacy Policy to understand how we collect, use, and disclose information about you. By using our Site or Services, you expressly agree to the terms of our Privacy Policy.

Copyright and Trademark

Our Site, Services, and all of the related products, services, logos, and trademarks are the property of Herocut® Plasma Cutter. You may not use our copyrights, trademarks, trade dress, or other intellectual property without our prior written consent.

If you believe your work has been copied or used in a way that constitutes copyright infringement, please contact us at [email protected] with all relevant details.

Repeat Infringer Policy

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA). Under our repeat infringer policy, we will promptly terminate the accounts and access to our Site or Services of repeat copyright infringers, where appropriate.

Warranty Disclaimers

No Warranties: Our Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis, with no warranties of any kind. To the maximum extent permitted by law, We disclaim any implied warranties of title, non-infringement, accuracy, value, availability, and any warranties arising from course of dealing or course of performance.

No Liability for User-Generated Content: User-generated content is provided “as is” by users. We do not guarantee the accuracy, integrity or quality of such content. Under no circumstances will we be liable for any loss or damage caused by reliance on user-generated content.

No Professional Advice: Information provided through Our Site or Services is for informational purposes only and should not be construed as professional advice. You should not rely solely on any information provided on Our Site to make any legal, business, or financial decisions.

No Liability for Links: Our Site contains links to third-party websites and services. We are not responsible for the availability, content, or security of third-party websites. Our inclusion of links does not imply any endorsement or certification of such sites.

No Liability for Products: We make no representations or warranties concerning any goods or services purchased from third parties through Our Site or Services. We will not be liable for any loss or damage caused by your purchase or use of third-party products.

Limitations of Liability

To the fullest extent permitted by law, in no event will Herocut® Plasma Cutter, its directors, officers, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages arising out of or in connection with your access, use, or inability to access or use our Site or Services, including lost profits, business interruption, loss of data, or any other intangible losses. Under no circumstances will our total liability arising under these Terms exceed $100.

Indemnification

You agree to fully indemnify, defend, and hold harmless Herocut® Plasma Cutter and our directors, officers, employees, agents, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or related to your use of our Site or Services, any User Content you submit, post, transmit, or otherwise make available, your violation of these Terms, or your violation of any rights of any other person or entity.

Governing Law and Disputes

Governing Law. These Terms and any access to or use of our Site or Services will be governed by and construed in accordance with the laws of the State of Tennessee, without regards to its conflict of laws rules. Any disputes shall be exclusively resolved in the federal or state courts located in Nashville, Tennessee.

Dispute Resolution. In the event of any controversy, allegation, or claim between the parties arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity of these Terms (“Dispute”) the parties shall first attempt in good faith to resolve any Dispute informally for at least 30 days before initiating formal legal action.

Binding Arbitration. If a Dispute cannot be resolved informally, the Dispute shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”). Arbitration will be conducted by a single neutral arbitrator and shall take place Nashville, Tennessee unless both parties agree otherwise.

Class Action Waiver. You agree not to participate in a class action, collective action, private attorney general action, or similar representative proceeding against Us. Disputes regarding the validity of this class action waiver will be decided by a court, not an arbitrator. If any court or arbitrator determines that the class action waiver is unenforceable, then the arbitration agreement shall be void.

Costs of Arbitration. Payment of filing, administration, and arbitrator fees will be governed by the AAA Rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous or filed for harassment. Likewise, We will not seek attorneys’ fees or costs from you unless the arbitrator determines your claims are frivolous or filed for harassment.

Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Us for which monetary damages would not provide adequate compensation. We will be entitled to seek injunctive relief in any court of competent jurisdiction without the requirement to post a bond.

Modifications and Termination

Modifications. We reserve the right to modify these Terms at any time in Our sole discretion. If we make material changes to these Terms that substantially impact your rights, we will use commercially reasonable efforts to notify you. For instance, we may provide notice through our Site or via email. Your continued use of our Site or Services constitutes your acceptance of the modified Terms. If you do not wish to continue using our Site or Services under the modified Terms, you must stop using our Site and Services and close your account(s), if applicable.

Account Termination. We reserve the right, without notice and at our sole discretion, to suspend or terminate your right to access or use our Site or Services. We may terminate your account if you violate these Terms.

Survival. The following sections will survive expiration or termination of these Terms: Prohibitions, Intellectual Property Rights, Disclaimers, Indemnification, Limitation of Liability, and General Terms.

General Terms

Assignment. You may not assign, transfer or sublicense any of your rights under these Terms without our express written consent. We reserve the right to assign, transfer or sublicense any of our rights or obligations under these Terms without restriction.

Notifications. We may provide notifications for changes to our Site or Services, these Terms, or other matters by emailing you at the address associated with your account if you have selected to receive those notifications.

Electronic Communications. By using our Site or Services, you agree that We may communicate with you electronically regarding your use of our Site or Services, and all notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirements.

Entire Agreement. These Terms constitute the entire agreement between you and Us regarding the subject matter hereof and supersede any prior agreements.

Severability. If any part of these Terms is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions will be deemed omitted, and the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce or exercise any rights under these Terms does not constitute a waiver of such rights.

Third Party Beneficiaries. There are no third party beneficiaries under these Terms.

Force Majeure. We are not responsible for any failure or delay in performance of our obligations due to causes beyond our reasonable control, including labor disputes, strikes, lockouts, shortages of labor or materials, war, acts of terror, riot, acts of God, or governmental decrees.

Contact Us. If you have any questions about these Terms, please contact us at [email protected].

By accessing or using our Site or Services, you confirm your understanding of, and consent to be bound by, these Terms.